Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Arbitrability (1)
- Bisexual (1)
- Brussels I Regulation (1)
- Buckeye Check Cashing Inc. v. Cardegna (1)
- Civil union (1)
-
- Class (1)
- Comparative law (1)
- Conflict of laws (1)
- Container agreement (1)
- Criminal mediation (1)
- Declining jurisdiction (1)
- Dell Computer Corp. v. Union des Consommateurs (1)
- Dispute resolution (1)
- Domestic partnership (1)
- Equality (1)
- Equity (1)
- First Options v. Kaplan (1)
- Forum non conveniens (1)
- Gay (1)
- Gay marriage (1)
- Gender (1)
- Granite Rock Co. v. International Brotherhood of Teamsters (1)
- Hague Conference on Private International Law (1)
- International litigation (1)
- International trade law (1)
- Jurisdiction (1)
- LGBT (1)
- Lesbian (1)
- Lis pendens (1)
- Parallel litigation (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Challenges To Forum Non Conveniens, Ronald A. Brand
Challenges To Forum Non Conveniens, Ronald A. Brand
Articles
This paper was originally prepared for a Panel on Regulating Forum Shopping: Courts’ Use of Forum Non Conveniens in Transnational Litigation at the 18th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium: Tug of War: The Tension Between Regulation and International Cooperation, held at New York University School of Law, October 25, 2012. The doctrines of forum non conveniens and lis alibi pendens have marked a significant difference in approach to parallel litigation in the common law and civil law worlds, respectively. The forum non conveniens doctrine has recently taken a beating. This has come (1) in …
A Presumptively Better Approach To Arbitrability, John A. E. Pottow, Jacob Brege, Tara J. Hawley
A Presumptively Better Approach To Arbitrability, John A. E. Pottow, Jacob Brege, Tara J. Hawley
Articles
One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator's purported authority. Courts in Canada and the United States have taken different approaches to this fundamental question of "arbitrability" that necessarily arises when one party disputes the contractual validity of the underlying "container" contract carrying the arbitration clause. If arbitration is a creature of contract, and contract is a product of consensual agreement, then any dispute that impugns the underlying consent of the parties to the container contract implicates the arbitration agreement itself (i.e., no contract, no …
Criminal Mediation Has Taken Root In Idaho's Courts, Maureen Laflin
Criminal Mediation Has Taken Root In Idaho's Courts, Maureen Laflin
Articles
No abstract provided.
The Moonscape Of Tax Equality: Windsor And Behyond, Anthony C. Infanti
The Moonscape Of Tax Equality: Windsor And Behyond, Anthony C. Infanti
Articles
This essay takes a critical look at the tax fallout from the U.S. Supreme Court’s decision in United States v. Windsor, which declared section three of the federal Defense of Marriage Act (DOMA) unconstitutional. The essay is important because, while other federal laws will apply to some same-sex couples some of the time, the federal tax laws are a concern for all same-sex couples all of the time. The essay is timely because it addresses the recently issued IRS guidance regarding the tax treatment of same-sex couples.
In this essay, I first describe the path that led to the decision …